Giveaway Fine Print
Official Rules for Epic Hero Shop Giveaway #2
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO RESIDENTS OF ELIGIBLE COUNTRIES WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY. VOID WHERE PROHIBITED. SUPPLIES ARE LIMITED, WHILE SUPPLIES LAST. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES.
INTRODUCTION
These rules (“Official Rules”) govern the Epic Hero Shop Giveaway (“Giveaway”) being conducted by Epic Hero Shop LLC (“Company”) via Company’s official YouTube page and associated Company videos and social media platforms (the “Website[s]”). Company is the company and administrator of this Giveaway and will be solely responsible for resolving any disputes that arise regarding these Official Rules. Company’s address is Epic Hero Shop LLC, 2801 N. Madison St., Denver, Colorado 80208. The Giveaway is not sponsored or administered by YouTube, Facebook, Instagram, Twitter, Sony, or anyone other than Company.
GIVEAWAY PERIOD
Participants may enter to win starting on Wednesday, January 27, 2021 at 11:00am Pacific Time (“PT”) and ending on Wednesday, February 17, 2021 at 11:00am PT (the “Giveaway Period”).
ELIGIBILITY
The Giveaway is open to all legal residents of the fifty (50) United States and the District of Columbia, and legal Canadian residents located in Alberta, British Columbia, or Ontario (but excluding residents of the Canadian province of Quebec), living in a location with laws allowing a sweepstakes in the nature of the Giveaway without a required permit fee, bonding fee, or a registration requirement, who are 18 years of age or older as of the start of the Giveaway Period who enter the Giveaway on the Website, using the Form, or via an AMOE Entry. By entering the Giveaway, the entrant certifies that they live in the United States or Canada and their home state does not prohibit participating in the Giveaway. Where an entrant’s entry into the Giveaway is prohibited by law, such entrant’s entry shall be void. Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, its subsidiaries and affiliates, and any advertising or promotional agencies involved in the administration of this Giveaway (collectively, “Giveaway Entities”); and the immediate family members and those living in the same household of such persons (whether related or not). “Immediate family” members include spouses, children, step-children, parents, step-parents, siblings, and step-siblings. Proof of age, identity, residence, and eligibility must be furnished upon request. All entry information must be complete and accurate. Company will not award a prize to anyone not meeting eligibility requirements at the time of entry. Potential entrants are only eligible to win one (1) prize from a Company prize drawing each calendar year, regardless of whether such prize drawing is the Giveaway or another Company event. In the event that a prospective entrant has already won a prize from a Company drawing during a given calendar year, any entries into subsequent Company drawings during the same such calendar year shall be void, including, if applicable, such entrant’s entries into the Giveaway. For purposes of the Giveaway, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of Giveaway registration. Entrants will not be allowed to change their physical address or e-mail address.
PARTICIPATION IN THE GIVEAWAY
During the Giveaway Period, an eligible entrant will provide his or her contact information using the applicable entry form available at https://epicheroshop.com/giveaway (the “Form”) and participate in various activities to obtain Giveaway entries, as set forth in the table below. Company and entrant agree that in no event shall the requirement to possess a computer and an active internet service to enter the Giveaway be construed as consideration on the part of the entrant for entry into the Giveaway. The Form requires that entrant acknowledge these rules and the entrant must provide his or her full name and email. The Form will include a field listing the activities in the table below and requesting the entrant’s input on which Activities such entrant has performed. The Form shall also require links to the entrant’s YouTube, Twitter, and Instagram social media pages (the “Social Media Links”). All fields on the Form are mandatory unless stated otherwise. The email address must be valid and shall be used for official correspondence in the event that entrant is the recipient of a Giveaway prize. Entrants are prohibited from using more than one (1) e-mail address or identity to enter the Giveaway. If it is found or suspected that an entrant is using more than one (1) e-mail address or multiple identities to participate in the Giveaway, then that entrant, in Company’s sole discretion, may be disqualified and not eligible to win a prize. The total number of entries possible during the Giveaway Period is twelve (12) per entrant, as described in the table that follows:
|
Activity
|
Entries Earned |
Frequency |
|
A. Subscribe to Epic Hero Labs YouTube Channel
|
One (1) |
Once |
|
B. Following @epicherolabs on Twitter
|
One (1) |
Once |
|
C. Following @epicherolabs on Instagram
|
One (1) |
Once |
|
D. Subscribing to Epic Hero Fitness YouTube Channel
|
One (1) |
Once |
|
E. Following @epicherofitness on Twitter
|
One (1) |
Once |
|
F. Following @epicherofitness on Instagram
|
One (1) |
Once |
|
G. Following @epicheroshop on Twitter
|
One (1) |
Once |
|
H. Following @epicheroshop on Instagram
|
One (1) |
Once |
|
I. Following @epicherolife on Twitter
|
One (1) |
Once |
|
J. Following @epicherolife on Instagram
|
One (1) |
Once |
|
K. Following @filupmolina on Twitter
|
One (1) |
Once |
|
L. Following @filupmolina on Instagram
|
One (1) |
Once
|
|
M. Following @filupmolina on Stereo
|
Five (5) |
Once
|
Alternatively, to obtain a Giveaway entry without performing one of the activities in the table above, an entrant may enter using the alternative method of entry. The entrant must fill out and send by mail, postage paid by entrant, a three-and-a-half by five-inch (3.5x5) post card addressed to Company using the address listed on the first page of these Official Rules, and such post card must also contain the entrant’s full name, email, and a signed statement that the entrant has reviewed and agrees to these Official Rules (an “AMOE Entry”). The email address must be valid and shall be used for official correspondence in the event that entrant is the recipient of a Giveaway prize. All AMOE Entries must be post marked and submitted no later than the end of the Giveaway Period in order to be eligible. For each AMOE Entry, the entrant will receive one (1) entry into the Giveaway. The total number of entries via any method is twelve (12). An entrant may submit as many AMOE Entries as is the difference between the maximum number of entries (12) and the entrant’s current number of entries. In the event that an entrant’s total number of entries surpasses the maximum number of entries (12), then all of said entrant’s entries shall be null and void. Company and entrant agree that in no event shall the requirement to fill out the AMOE Entry post card or pay postage to file an AMOE Entry be construed as consideration on the part of the entrant for entry into the Giveaway.
RANDOM GIVEAWAY DRAWING
On or about February 20, 2021 at approximately 5:00 PM PT, Company will randomly select one (1) potential winner from all eligible entries received during the Giveaway Period. Prior to the drawing, Company shall review the Form submissions to determine eligible entries. In relevant part, Company shall review the Social Media Links provided by entrants to validate such entrants claimed entry Activities. In the event that an entrant claims to have performed an Activity on the Form, but such Activity cannot be corroborated by Company at the time of the Giveaway drawing via the Social Media Links provided by such entrant, some or all entries by such entrant may be deemed void in Company’s sole discretion. The drawing shall be random, with all eligible entrants entered into a spreadsheet corresponding to the number of eligible entries received from a given entrant, and the Company shall utilize a fair random number generator, for example, the service provided by random.org, and the randomly generated number shall be used to determine the potential winners of the Giveaway. Any winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. In the event that the potential winner is a Canadian resident, Company may require the completion of a math-based skill-testing question prior to declaring the potential winner’s status as the Giveaway winner. Such a skill-testing question must be answered correctly within a five (5) minute time period without the benefit of any calculating devices before the potential Canadian resident winner is confirmed as the Giveaway winner and the prize will be awarded.
PRIZE, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE
Prize: The winner, after confirmation of eligibility and compliance with these Official Rules, will receive a PlayStation 5 of Company’s choosing, and while Company will take into account the specific features and/or options requested by the winner, ultimate features and/or options shall be selected by Company in its sole and absolute discretion. Only one (1) prize will be available in the Giveaway per entrant. If an entrant is found to be the winner of one drawing and wins a subsequent drawing, Company may invalidate entrant’s later win in its sole discretion.
Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Giveaway Period.
General Prize Conditions: In no event will more than one (1) prize be awarded per winner. If, for any reason, more than one (1) prize notification is sent (or more claims are received), Company reserves the right to award the prize through a random drawing from among all eligible prize claims received. The winner shall be solely responsible for payment of any and all applicable federal, state, provincial, and local taxes for any prize won. If the prize given to a winner is valued at $600 or more, or if winner’s collective winnings from Company giveaways is valued at $600 or more, then such winner will be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and Company will issue an IRS Form 1099-MISC for said winner if the winner is a United States resident, or an IRS Form 1042 for the winner if said winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive prize, will result in forfeiture of the prize. The Giveaway Entities shall not be held responsible for any delays in awarding the prize for any reason. If after a good-faith attempt Company is unable to award or deliver the prize, the prize may not be re-awarded.
All other costs and expenses not expressly set forth herein are the winner’s sole responsibility. Winner must take delivery of the prize within forty-five (45) days of notice of availability of a prize from Company via a delivery method selected by Company based on proximity to winner’s residence or the prize may, at the Company’s sole discretion, be forfeited. Prize details and availability are subject to change and will be selected by Company at its sole discretion.
The Approximate Retail Value (“ARV”) of the prize is up to USD $499.
HOW TO CLAIM THE PRIZE
The potential winner will be notified within two (2) business days after the random drawing via e-mail that the potential winner provided when registering for the Giveaway. Before being declared the winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release, a copy of the potential winner’s driver’s license or government issued identification, and/or a tax acknowledgment form no later than five (5) calendar days after receipt or the prize may (in Company's sole discretion) be forfeited. Upon verification of eligibility and submission of any required documentation, winner will be contacted by Company to arrange for delivery of the prize. Public announcement of the winner of the Giveaway may take place on a later date than the date of the prize drawing.
Company will attempt to notify the potential winner as set forth above, but Company is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of the winner’s privacy or spam filter settings which may divert any Giveaway e-mail, including any winner notification e-mail or prize e-mail to a spam or junk folder. If the potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the prize, Company is unable to contact a potential winner, or any prize notification is returned undeliverable, the prize will be forfeited. If the Company wishes to select an alternative potential Giveaway winner, Company will select this alternative potential Giveaway winner at random from the pool of remaining eligible entries. The potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Company, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Company’s sole and absolute discretion. Giveaway Entities shall not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified winner.
LIMITATION OF LIABILITY
By participating in this Giveaway entrants agree that the Giveaway Entities, Facebook, Instagram, Twitter, YouTube, Sony, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration or eligibility-defining information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Giveaway-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Giveaway and/or accepting or using the prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Company’s sole discretion, be disqualified.
If, for any reason, the Giveaway is not capable of running as planned, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the selection of the winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension.
By entering the Giveaway, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Company and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including but not limited to any Giveaway-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Giveaway, (b) violation of entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Giveaway materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Company’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Giveaway, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Giveaway, the Website or any other Giveaway-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Giveaway and/or its contents related to or resulting from any part of the Giveaway, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Giveaway, including the Website and prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
INDEMNIFICATION
Each entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Giveaway prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the entrant’s receipt, ownership, or use of any Giveaway prize, (b) the entrant’s traveling to, preparing for, or participating in any Giveaway-related or prize-related activity, (c) the entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights, or (d) the entrant’s negligence or willful misconduct.
MISCELLANEOUS
THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN DENVER COUNTY, COLORADO. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS GIVEAWAY THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DENVER COUNTY, COLORADO IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR GIVEAWAY ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE GIVEAWAY MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Giveaway Entities and/or any other party shall be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected in Company’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant will be ineligible to win the prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in Company’s sole discretion, be disqualified from the Giveaway. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Company and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Giveaway. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Giveaway will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Company’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Giveaway. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
PUBLICITY RIGHTS
By participating in the Giveaway and/or accepting the prize, each entrant agrees to allow Company and/or Company's designee the perpetual right to use his or her name (including his or her screenname), biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review, or approval and without additional compensation, except where prohibited by law. In the event that such a perpetual right is prohibited by local law, Company reserves the right to negotiate a release on substantially similar terms with impacted entrants, and such entrants agree to negotiate with Company in good faith to execute such release.
To obtain a listing of the name of the winner, mail a self-addressed, stamped, business-sized envelope to: Epic Hero Shop LLC, 2801 N. Madison St., Denver, Colorado 80208. Winner list requests must be received within one (1) month of the end of the Giveaway Period.
